From Deseret News archives:
Judge gives partial victory to Wendover
In his ruling issued Tuesday, U.S. District Judge Ted Stewart ruled a controversial 1992 ordinance passed by West Wendover, forcing all home and property owners in its borders to use its water system, cutting off Wendover's service, is invalid. Wendover had provided water to its Nevada neighbor for more than 70 years.
Specifically, the State Line casino had used Wendover water and under a grandfather clause in the ordinance, continued its water service until 2002, when the casino was sold. Utah-side officials alleged that West Wendover City had threatened to yank the casino's state liquor and business licenses if they did not switch.
The change proved a huge financial impact to Wendover, which does not benefit from the majority of casino income earned by West Wendover. The loss of State Line alone resulted in a $90,000 a year loss for the Utah side. The loss forced city officials to refinance several city bonds that depended on the income.
The situation prompted Wendover to file suit against West Wendover in 2003.
The judge noted at one point, West Wendover officials claimed the ordinance was done in part over health and water quality concerns. "The difficulty with this argument is that there is no allegation that plaintiff's water supply was somehow unhealthy or unsafe. In fact, there is evidence to suggest that defendants' water system is less reliable and contains more silica than plaintiff's system," the judge wrote.
Wendover had asked the court for punitive damages. Stewart said he had to apply Nevada law, and under that law West Wendover and its officials were immune from punitive damages.
But the door is left open for Wendover to collect compensation. Stewart left several issues unresolved, leaving the need for further hearings and possible trial if the two cities cannot reach a settlement.
Wendover Mayor Steve Perry told the Deseret Morning News that he is happy to hear that his city prevailed in part. "I'm glad to hear that he's ruled that their ordinance was made specifically for them to justify going after money," Perry said, adding he is disappointed his city will not be able to go after punitive damages.
"I'm sure we're going to push forward at this point," Perry said, once city attorneys have a chance to read through the ruling.
E-mail: gfattah@desnews.com
Comments
- Donny's dancing gets high praise 10:10 p.m.
- British panel to begin war inquiry 10:05 p.m.
- TRAX victim still in critical condition 9:58 p.m.
- Real Salt Lake: Fandemonium 9:57 p.m.
- Iraq's election to be delayed 9:57 p.m.
- Nevill, Cummard withFlash 9:54 p.m.
- Alternative to climate change? 9:52 p.m.
- Climate-change debate heats up 9:52 p.m.
- Hate crimes against gays rose 11% 9:51 p.m.
- Man trapped in own body for 23 yrs 9:49 p.m.
- Real Champions
- Bronco, Kyle rubber match
- Protests against Phoenix LDS temple
- RSL wins MLS Cup on penalty kicks
- BYU's Lamb, Jorgensen reprimanded
- Plenty on line for rivalry game
- Time for big matchups in WAC, MWC
- BCS at-large bids up for grabs
- Hall, Johnson matchup key
- Is talking about religion taboo?
- Buttars wants to limit gay rights laws
214 - Glenn Beck to enter politics?
212 - RSL wins MLS Cup on penalty kicks
194 - Palin plans tour stop in Utah
178 - BYU records with win
132 - Palin's book shows she's unqualified
131 - Bronco, Kyle rubber match
130 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
103 - Protests against Phoenix LDS temple
102
Associated Press Personal Finance Writer Candice Choi offers gift-giving...
Ray, Garrett says global warming probably cannot be stopped. So what exactly...
That's why they play them!
Not sure where you live (I live in PAC-10 country) and you don't hear stories...
LET ME GIVE YOU AN EDUCATION.....EVERY LDS CHAPEL YOU SEE IN THE WORLD IS A...
Anyone who thinks cut blocks are dirty is ignorant of the rules. Cut blocks...
Yes, upsets are more likely to happen in a single soccer game than a seven...
I agree with Rob. Rep Matheson, we need your vote for healthcare reform. I...
to not have any tv viewing at home. Throw the thing out!
Since UTAH is 5-4 since 2000, how can BYU "FAN" talk? With two BCS wins in...
a 30-something to 3 is not a classic.


You can be the first to comment on this story.